Photo by Joe Flood.

Photo by Joe Flood.

D.C. has a law that requires drivers to be 100 percent at fault for a collision in order for cyclists to receive any compensation, but the council is one step closer to changing that.

On a first vote, the D.C. Council unanimously passed the Motor Vehicle Collision Recovery Act of 2015, which would make victims eligible for full compensation if they are found under 50 percent responsible for a crash.

The contributory negligence bill has long been in the viewfinder of advocates, who say it’s unfair that a motorist who is largely at fault for a crash could skirt payment if bikers are deemed even slightly negligent. Maryland and Virginia are among the four other states that have contributory negligence laws.

“We’re thrilled,” that the bill passed, says Colin Browne, communications coordinator for the Washington Area Bicyclist Association. “We’ve been working on this for a few years and it feels like it’s got some momentum at this point.”

Insurance companies and the AAA-Atlantic have been lobbying against a change to the law. AAA-Atlantic alleges in a form letter that the legislation could cause “your auto insurance premium to increase by 24.2 percent a year.”

The bill was originally set for a first vote two weeks ago, but postponed by Ward 5 Councilmember Kenyan McDuffie, who wanted to introduce an amendment to include what’s called comparative neglience. That basically means that if you’re found 25 percent negligent for a crash, you can’t get more than 75 percent compensation. McDuffie did not introduce the amendment today, and it is not in the bill.

The same afternoon as the postponement, a woman was critically injured in a crash with a motorist.

While the bill passed on first reading, it requires passage on a second reading when the council returns after the summer, as well as the mayor’s signature. Mayor Muriel Bowser signaled she supported the law in a tweet. For the summer, though, contributory negligence remains the letter of the law.

“Summer is a busy season for biking and people are going to get hurt, and those folks are not going to benefit from the change in the law,” says Browne.